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Specialists in Immigration Litigation & Inadmissability
20 Eglinton Ave. West, Toronto ON
Mon-Fri 9:00 - 6:00
Call 416-787-6505 Toll Free 1-877-787-8850

Criminal Inadmissibility

Have you been charged with or convicted of a criminal or other offence?
Is your case going to be refused for committing a criminal or other offence?
Are you Criminal inadmissible?
At Bellissimo Law Group PC we can help!


When is a non-citizen inadmissible?

The Immigration and Refugee Protection Act sets out at section 36 when a “non-citizen” (a foreign national or permanent resident) is inadmissible to Canada. Under subsection 36(1), both foreign nationals and permanent residents may be found to be inadmissible for serious criminality in the following circumstances:

  • Being convicted in Canada of an offence under an Act of Parliament that carries a possible maximum term of imprisonment of at least 10 years, or for being sentenced to a term of imprisonment of more than 6 months;
  • Being convicted outside of Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; and
  • For committing an act outside of Canada that is both an offence in the place where the act was committed and if committed in Canada would have constituted an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years.

Importantly, foreign nationals may additionally be found to be inadmissible for criminality under the following circumstances:

  • Being convicted in Canada of one offence under an Act of Parliament that is punishable by way of indictment or for being convicted of two offences under any Act of Parliament that have not arisen from a single occurrence;
  • Being convicted outside of Canada of an offence that if committed in Canada would constitute an offence under an Act of Parliament that is punishable by way of indictment or for being convicted of two offences on separate occasions outside of Canada that if committed in Canada would constitute an offence under any Act of Parliament;
  • For committing an offence outside of Canada that is both an offence in the place where it was committed and would constitute an indictable offence under an Act of Parliament if it had been committed in Canada; and
  • For committing an offence under an Act of Parliament prescribed by regulations on entering Canada.

There are some important considerations for those individuals who may be inadmissible. These are listed at subsection 36(3) of the IRPA:

  • Hybrid offences (those that may be prosecuted either summarily or by way of indictment) are deemed indictable offences for the purposes of determining inadmissibility;
  • Inadmissibility may not be based on a conviction for which a record suspension has been ordered. This record suspension cannot have been revoked or ceased;
  • Inadmissibility may not be based on a conviction for which a certificate of rehabilitation has been issued by the Minister of Immigration, Refugees and Citizenship Canada; and
  • Inadmissibility may not be based on a contravention of the Contraventions Act, or for a finding of guilt under the Young Offenders Act or the current Youth Criminal Justice Act.

How can I overcome criminal immigration inadmissibility?

There are a variety of different ways that individuals who are otherwise inadmissible to Canada may still enter or remain in the country, including by accessing a Temporary Resident Permit, Deemed or Full Rehabilitation and/or through an appeal to the Immigration Appeal Division of the Immigration and Refugee Board as a few examples.

Immigration Rehabilitation and Deemed Immigration Rehabilitation

If the inadmissible person is seeking to remain in Canada long term, for example as a permanent resident, then they must apply for immigration criminal rehabilitation. Eligibility is set out at section 17 and 18 of the Immigration and Refugee Protection Regulations, which state in part that inadmissible persons may apply for rehabilitation if 5 years have passed since either the completion of their imposed sentence or since the commission of the offence. The inadmissible person cannot have been convicted of more than one offence that if committed in Canada would be an indictable offence under an Act of Parliament. There can also be no subsequent convictions during the prescribed 5-year period.

If at least 10 years have passed since the day after the completion of the sentence imposed, and if the individual was convicted or committed an offence that would be punishable in Canada by a maximum term of imprisonment of less than ten years, then they may be deemed to have been rehabilitated. For full information on applications for rehabilitation, including eligibility, please contact Bellissimo Law Group PC.  These applications are extremely complex and are most often decided on paper and therefore the application must be comprehensive, concise and compelling. 

Immigration Appeal Division

Where a permanent resident has been found to be inadmissible to Canada as a result of a Canadian conviction, and a removal order has been issued against them by the Immigration Division of the Immigration and Refugee Board, they may appeal this removal order to the Immigration Appeal Division. Conditions apply to access to appeal, as set out at subsection 64(2) of the Immigration and Refugee Protection Act, including that the inadmissible person cannot have been sentenced to a term of imprisonment of 6 months or more. Foreign nationals unfortunately do not have a right of appeal.

How can Bellissimo Law Group PC help?

Bellissimo Law Group PC has extensive experience with criminal immigration cases. We are familiar with the legal processes that would overcome this inadmissibility. Again, these applications are extremely complex and are most often decided on paper and therefore the application must be comprehensive, concise and compelling.  Please contact us today to find out your options!

Contact Us Today

Inadmissibility Testimonials

Mario D. Bellissimo is the Co-Author of a publication which provides a comprehensive analysis of the legislative framework and the jurisprudence in the areas of immigration and criminal law, and their intersection.

Click here to order Immigration Criminality and Inadmissibility

Important Immigration Court Decisions on Criminal Cases

What Our Clients Are Saying
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
Shah Alam
21:15 09 Jul 19
Great service! I had a lot of questions prepared and Viola answered each and every one of them articulately and concisely. I definitely recommend Bellissimo!
RYAN COWLEY
RYAN COWLEY
17:39 30 Jul 19
Hands down i would never done it by myself if it wasn't for Mr. Mario and Ms. Anderson hard work, I was facing deportation and they helped me step by step to get through it to be honest I am very forgetful person and Ms. Anderson always keep me on track and follow up with me making sure i get things done and send to her and they always keep me updated on everything, I am no longer facing such difficulties and i can stay in Canada. i would recommend Bellissiomo Law Group to all friends and Family. thank you again.
Omid Rezaee
Omid Rezaee
16:00 12 Aug 19
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Bellissimo Law Group did a wonderful job. They helped me and my family obtain work permits in Canada. They were responsive, professional, and got the job done in a timely manner with no issues. I would absolutely work with them in the future.
Eric Blomster
Eric Blomster
11:58 30 Aug 19
Bellissimo Law Firm has great lawyers who have handled our immigration case. The staff was very professional. We are very happy with their service.We had to go through a tough ordeal because of misrepresentation earlier and our file was rejected. That is when we assigned this case to Mario Bellissimo. I would happily refer his law firm to any one whose in the same situation as ours or any immigration related matter.I would like to mention a special thanks to Tamara who was in touch with us and kept as posted. Mario had 100% confidence in our case that we will win which was very assuring for me and my family. And we finally got our permanent residency.God bless him and his firm.
mubina fatima
mubina fatima
18:35 15 Sep 19
Our family could not thank you Bellissimo Law Group enough for all their help on my brother's case. We are very thankful for their professionalism, effort and hard work. We truly appreciate for everything that the team has done for us. Especially Keely, I cannot thank her more for her patience, advice and explanation throughout the whole process. I know that this has been a tough and long battle for all of us and finally it is a dream come true. Words cannot describe how thankful and happy we are. To us, thank you is not enough to express our appreciation, I would call them the lifesaver for our family. Once again, thank you and we wish everyone all a continue success.
April Cheng
April Cheng
07:05 24 Sep 19
Great communication and appointment setup. Mr. Bellissimo was quite frank and candid and spoke openly and candidly. Gave me the right advice to wait till a certain stage to file my case.
Imran Butt
Imran Butt
01:53 01 Oct 19
I really appreciate Bellissimo Law group for helping me out especially in obtaining my postgraduate work permit. I was in an unfortunate situation where there was a chance of my application being rejected but I was able to obtain it in the end. I especially thank Michelle for helping me out throughout this whole process. It was not easy but she was able to respond to my questions and answer them in a very informative and prompt manner. I definitely recommend Bellissimo Law group.
JH C
JH C
20:23 17 Oct 19
I am indebted to Ms. Viola Gniadek, Mr. Mario Bellissimo and the entire team at Bellissimo Law Group for having assisted me with my Spouse’s Open Work Permit & Children’s Study Permits that were denied unfairly and arbitrarily -Twice consecutively - earlier this year. Viola assisted me in putting together my family’s file from scratch, over a period of 2 months. This would be my third attempt, and my first time with the law firm. There were times I had bouts of anxiety given the air of uncertainty and hopelessness but Viola was always there to calm my nerves and was very quick in her email responses. The firm knows what they’re doing and they do it very, very well!Absolutely recommended and I will not hesitate in using their services again in future, should there be a need 🙂
Nabil Valiulla
Nabil Valiulla
21:58 17 Oct 19
Life changing experience. Simply brilliant! Kelly Anderson is very professional and friendly. Our son is special needs kid and with all Bellissimo Law Group support we got our PR only in 8 moths.
Madina N
Madina N
21:56 22 Oct 19
I totally recommend them for any issues, concerns or guidance you might need. Very reliable and to the point. I had Miss Alexandra as my immigration lawyer and I have only good things to say about her involvement in this long and stressful process. She knew perfectly how to approach, handle and solve any issues we encountered and with their help the outcome was a positive one.Thank you!
Ana-Maria Veinea
Ana-Maria Veinea
03:14 22 Nov 19
I want to say thank to Mario Bellissimo , Keely Anderson, Natalia Borkowska and all the entire team for a wonderful job they did. Me and my families case was really hard and there were some moments where we were close to being deported but Mario Bellissimo and his team fought really hard for my family and was able to help up stay in Canada to the point where we got the permanent residence. I would also like to recognize the fact that Keely Anderson was by my side through out the whole situation telling me every step to take. We truly recommend Bellissimo law firm, I believe they are the best law firm in Toronto and can be trust worthy for any situation.
B Navarro
B Navarro
00:59 09 Dec 19